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U.S. Court of Appeals for the 9th Circuit

Aug. 16, 2013

9th Circuit panel possibly poised to further enforce arbitration clauses

At an oral argument last week, a 9th Circuit panel appeared ready to end California's Broughton-Cruz rule barring arbitration in cases that stand to benefit the public interest, a result that an earlier en banc court failed to reach.


By John Roemer


Daily Journal Staff Writer


Businesses trying to enforce arbitration clauses in consumer contracts took a hit in April when the 9th U.S. Circuit Court of Appeals refused to wipe out California precedent that bars arbitration in cases that stand to benefit the public.


Now another assault on California's so-called Broughton-Cruz rule is before the circuit. At oral argument last week in Pasadena, three circuit judges appeared co...

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